Understanding the CCCL Disclosure
Florida’s Coastal Construction Control Line program protects beaches. Sellers must disclose seaward property unless the buyer waives the right in writing.
ORLANDO, Fla. — From the Emerald Coast to Key West, Florida is known for its beautiful beaches. With about 1,350 miles of coastland comes great responsibility. The Coastal Construction Control Line (CCCL) Program is an essential piece of Florida’s coastal management. The Florida Legislature initiated the Florida CCCL Program to protect our coastal system from improperly sited and designed structures that can destroy or destabilize the beaches and dunes.
The CCCL Program has special site and design criteria for construction. These standards are typically more stringent for properties that are seaward because of the greater forces that can be experienced during a storm. One of the goals of this program is to minimize the risk of beach erosion and destabilization of dunes. Another goal is to protect native coastal vegetation. This vegetation is vital in retaining sand and preserving dunes.
Why is this important to know as a Realtor®? Because Section 161.57, Florida Statutes has a disclosure requirement. When an interest in real property located partially or completely seaward of the Coastal Construction Control Line is being transferred, this statute requires the seller to provide the buyer with an affidavit or survey delineating the location of the CCCL unless the buyer waives this right in writing.
Yes, there is a form available for Realtors in Florida to use in Form Simplicity – the Coastal Construction Control Line Affidavit (CCCLA-3) form. This form is a simple affidavit that a seller can fill out and provide to a buyer. Once completed, the form satisfies the statutory requirement for disclosure.
Within the form is a link from the Florida Department of Environmental Protection’s website. That link goes to an aerial photograph that delineates the CCCL for the entire state. There is a search box at the top right side of the website that allows a more specific search to be performed.
Maria Marchante is Associate General Counsel
Note: Advice deemed accurate on date of publication
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